MD of Tehri Hydro Development Corporation would be liable
.....says NGT
Project Name: Vishnugad-Peepalkoti HEP (444 MW)
Rivers: Alaknanda
River
Agency: Tehri Hydro
Development Corporation (THDC)
Environmental Clearance granted on 22-8-2007
Case in National Green Tribunal on the issue
of environmental violation. {Dumping of the
construction debris directly into the river}
“We make it clear that in the event of default, the MD of the
Corporation would be liable and would be dealt with in accordance with law.”
Said the in the order given by NATIONAL GREEN TRIBUNAL in the case of Vimal
Bhai Vs. Tehri Hydro Development Corporation, Ministry of Environment,
Forest and climate change and Government of Uttarakhand.
The case was heard by the Principal Bench of NGT in New Delhi on
13th May, 2016. Advocate Rahul Chowdhary from LIFE organization
argued the case on behalf of Appellant.
Respondents pray for time to file the Reply, tribunal gave two
weeks from 13th itself to submitted the reply ‘with advance copies
to the Learned counsel appearing for the Applicant who may file Rejoinder
thereto, if any, within two weeks thereafter.’
Nest date of hearing will be on 13th July, 2016. Hon’ble Bach said
“In the meanwhile, we restrain Respondent No. 1 {THDC} from throwing any
building material or muck into the river Alaknanda or on the banks thereof. We
make it clear that in the event of default, the MD of the Corporation would be
liable and would be dealt with in accordance with law.”
The case was filed on the ground of Alaknanda River is getting polluted due to disposing of the debris
generated from the construction of the road near the site of
Vishnugad-Peepalkoti HEP. THDC is disposing the debris and muck coming from the
construction of the HEP straight away into the Alaknanda river. THDC
is bound to comply the Environmental Clearance conditions stipulated in letter
Dated 22-8-2007. They are also bound to comply Environment Management Plan
provided in Comprehensive Environmental Impact Assessment for
Vishnugad-Pipalkoti Hydro Electric Power Project, as it was the basis of
obtaining Environment Clearance of the
project. It is necessary to make the retaining wall so that the construction
debris does not get mixed with the flow of the river. Such illegal dumping is
also endangering the life and property
of the people living in the downstream area of the river. The hydrology and aquatic life of the River Alaknanda
is getting disturbed due to dumping of the construction debris directly into
the river and irreparable damage is being caused to the river. There is
an emerging need to restore the Alaknanda River into its original form after it
was badly hit by the floods of 2013.
NO need to say that Appellant went in the NGT after rasing the
environment violation issue in front of THDC, Ministry of Environment, Forest
and climate change also with information to World Bank.
Also no need to mention that it revealed the claims of World
Bank’s “Best safeguard policy for Rehabilitation and Environment” for the
Vishnugad-Peepalkoti HEP of Uttarakhand.
Vimalbhai, Briharshraj Tariyal
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